- 1 - HC-KAR NC: 2025:KHC:32955 CRL.P No. 11257 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11257 OF 2025 BETWEEN: 1. TEJAS C AGED ABOUT 25 YEARS, S/O CHANDRA MOHAN, WARD NO. 20, BAHADDUR PUA, ANEKAL (T), BENGALURU 562106. 2. SELVAM D AGED ABOUT 28 YEARS, S/O DHAMODHARAN, RESIDING NEAR ANGANWADI, INFOSYS COLONY, BOMMASANDRA, INDUSTRIAL ESTATE, ANEKAL (T), BENGALURU 560099. …PETITIONERS (BY SRI. MUNEGOWDA M.,ADVOCATE) AND: STATE OF KARNATAKA BY THE STATION HOUSE OFFICER HEBBAGODI POLICE, BENGALURU RURAL DIST, ANEKAL -562106, REPRESENTED BY, SPP HIGH COURT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU -560001. …RESPONDENT (BY SRI. MS. ASMA KOUSER., ADDL. SPP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32955 CRL.P No. 11257 of 2025 THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL TO THEM IN CRIME NO.286/2025 OF HEBBAGODI POLICE FOR THE OFFENCES P/U/S 109 R/W 3(5) OF BNS OF 2023, BY DIRECTING THE STATION HOUSE OFFICER OF HEBBAGODI POLICE STATION OR ANY OTHER POLICE OFFICER INVESTIGATING THE ABOVE CASE TO RELEASE THE PETITIONERS ON BAIL, ON SUCH TERMS AND CONDITIONS AS THIS HONBLE COURT MAY DEEM FIT TO IMPOSE IN THE CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners, arraigned as accused Nos.1 and 2 in Crime No. 286/2025 of Hebbagodi Police Station, Bengaluru City registered for the offence punishable under Section 109, 3(5) of the BNS 2023, have preferred this petition seeking anticipatory bail. 2. Heard the arguments of the learned counsel for petitioners, learned Additional SPP for the State and perused the materials on record. 3. The complaint averments reveal that on 31.05.2025, the complainant by name Mahesh Kumar. S. had been to the birthday party of accused No.2-Selvam, - 3 - HC-KAR NC: 2025:KHC:32955 CRL.P No. 11257 of 2025 along with accused No. 1- Teju, Govardhan and others. Accused no. 2 picked up a quarrel with him and abused him in the said birthday party. On 07.06.2025 at about 09:30 p.m. accused no. 1 telephoned to him and scolded him for raising voice in the birthday party and called him to his room situated in Anantha Nagara, Bengaluru. When the complainant along with his friend, Rahul went to the room of accused No.1, the said accused stating that he has quarrelled with his boys, assaulted him with a long on his right shoulder, accused No. 2 assaulted with a long on his head. When he tried to escape, he sustained injuries to his right hand. Other accused who were present have allegedly assaulted him with hands and kicked him etc. 4. Learned counsel for the petitioners contended that as per Complaint averments, accused Nos. 1 and 2 assaulted the complainant with a long, whereas in the discharge summary, it is stated that assault was with a dagger. He therefore, contended that there is discrepancy in mentioning the nature of weapon. He further contended - 4 - HC-KAR NC: 2025:KHC:32955 CRL.P No. 11257 of 2025 that the incident, even according to prosecution, was on account of a petty quarrel, complainant has been discharged from the hospital on the very next day and therefore, it cannot be said that there was any intention on the part of the accused to commit murder, so as to attract the ingredients of section 109 of BNS 2023. Petitioners’ counsel submits that accused No. 5 has been granted bail by this Court in Crl.P.No.10536/2025. He submitted that the petitioners have no criminal antecedents and therefore, imposing any conditions, they may be enlarged on bail. 5. Learned Additional SPP has contended the discrepancy, if any, with regard to the nature of offence, is not a ground to enlarge the petitioners on anticipatory bail. Petitioners are required for custodial interrogation, as the weapons used have to be recovered from them. He contended that the specific overt acts are against the petitioners and in view of a prima facie case, they are not - 5 - HC-KAR NC: 2025:KHC:32955 CRL.P No. 11257 of 2025 entitled for the relief sought. She has accordingly sought to dismiss the petition. 6. Petitioners are arraigned as accused Nos.1 and 2 respectively. The complaint is lodged by none other than the injured himself. He has specifically stated that these petitioners assaulted him with longs. As rightly contended by the Learned Additional SPP, merely because it is mentioned in the discharge summary that the complainant was stabbed with a dagger, that by itself is not a ground to grant anticipatory bail to the petitioners. Complainant has taken treatment initially at one Oxford Hospital and for higher treatment he was admitted at one Best Hospital. As per complaint averments, a surgery was conducted to his right hand. Wound certificate shows that he has sustained 3 injuries out of which injury Nos. 2 and 3 are grievous in nature. The petitioners have used dangerous weapons, and as per complaint, tried to assault on the head of the complainant and when he tried escape, he sustained injuries to his right hand. The injuries are grievous in - 6 - HC-KAR NC: 2025:KHC:32955 CRL.P No. 11257 of 2025 nature. At this stage it cannot be said that there was no intention on the part of the petitioners to commit the murder. Accused No.5 was granted regular bail in Crl.P.No.10536/2025. In the said order it is specifically observed that assault was by accused no. 1 and 2. The grant of bail to the said accused, therefore will not enure to the benefit of the petitioners. Petitioners are not entitled for anticipate the bail. Accordingly the petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 26